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This case is about Applying ³employment at will´ to an Involuntary Separation, which tells
about the nature of the case which is a lay off without due process with the employees.
Employees are discharged by the employers without think about their rights. As in Watkinsville
Nursing Home (WNH) in Birmingham, Alabama Betty a nurse helper was discharged without
notices or warnings of her discharge. She claims being fired wrongfully and without due process
as she had signed a contract which was not implied to the practices of firing of employees. Betty
went through a lot of stress due to the discharge without indications. The employee may be
terminated at will for a good reason, a wrong reason or no reason. She had signed an implied
contract which did not offer job security and the employment period was not defined which
means that people may be laid off without their concerns. WNH did not make any promises
while hiring Betty, about job securities and employment period betty can do nothing, but to find
a new place to work.

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A.1) Betty jobs description was of a nursing helper at WNH, she was fired under the notion of
employment at will which was an implied contract between the WNH and Betty, she was not a
permanent employee as her job description was of a nurse helper. Betty signed a contract without
legal action in future as WNH do not promise any employment for future. The employment was
not a contract it was based on requirements of the employer. Betty was not wrongfully
discharged as the employer can dismiss temporary employees without reason stated in Common
Law, of USA. The hand book or employment policy takes the burden of proof on the company
for a termination decision. The termination decision under the employment at will is legitimate,
as there could be a good reason to do it for the company. ccccccccccccccccc

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A.3) WNH gave Betty option of resigning or being fired which caused her severe emotional
distress. WNH did not provide her with a fair dealings and good faith in the organization. She
could have been given better option; either Betty has been exhibiting troublesome behavior or
was lacking attendance, poor performance, insubordination or substance abuse. WNH gave Betty
these options as there were no good HR disciplinary policies. They use none or progressive
discipline process which eventually leads to such discharges.

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A.4) WNH should change the HR policies of hiring and firing. They must be clearer with the
state of employment for the benefit of the employee. Employee¶s rights should be given to them,
by the management. The contracts for employment should be expressed, by providing good faith
and fair discipine in the dismissal process. A positive discipline process with supervisors
counseling and training and encouragement to self actualization and good behavior. The HR
should recruit and select right employees for the current positions vigilantly, by using a proactive
approach. Future opportunities and career paths must be entailed by the HR, ensuring effective
performance appraisal system, compensating employees for their contributions and services
rendered. The practices will help the HR and the company to deal with these issues easily
without harming the employee¶s faith with the company. The employees will feel secured and
motivated. The energy would be high towards their work. Hence the relation between the
employer and employee needs to be maintained for a healthy environment and reputation.
Employees probatory or permanent are an asset to the company and there should be taken care of
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This case study is about how Wal-Mart is coping with the 24-hour service seven days a week in
order to provide more convenience to its customers. The stores in the rural areas are doing very
well, and there are three different shifts for employees, the senior ones attending the day shifts,
and the new employees attending the night shifts. However, it does get more challenging for the
new employees to work in the night shifts since the supervisors are only there in the day time,
and new employees need training and guidance.

Also stores located in the urban areas are facing problems, due to the increasing competition with
hotels and casinos. Turnover rates are high and it has become difficult for Wal-Mart managers to
retain employees, and most of the jobs remain unfilled, due to which it fails to provide that level
of service to its customers. This issue has really been troubling the Wal-Mart managers as they
had planned to expand and open their stores in urban markets in future for growth opportunities.

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Wal-Mart, since it is open 24-hours a day, has three different shifts for its employees, senior
ones attending the day shift, and the new employees attending the night shift but getting a higher
pay since night shifts are more difficult. It becomes more challenging for the new employees to
attend night shifts since they have to stay away from family. Secondly, they are new so they need
more training from their supervisors but supervisors are only there in the day time. As a result,
they might not do their job at their best. This is unfair to them and they might not be able to
progress. Wal-Mart should not have a biased approach towards their employees. They should
treat them all equally and change employees shifts every now and then.c

The effect of the 24-hour service is different in urban areas, as there there is a lot of competition
around and frustrated employees, the minute they get a better job opportunity, switch to another
firm. Hence, turnover rate is high in the urban areas and it has become difficult for managers to
retain employees.

Because the employees on the night shifts are generally the newest employees with the least
experience, and have limited contact with management, there is a high likelihood of employee
dissatisfaction developing on these shifts. Managers need to make a special effort to develop
relationships with these employees in particular since their contact is limited. The effect of the
24-hour service policy on employee relations is different in areas like Las Vegas because of the
nature of those towns. Las Vegas is a 24 hour town, where there are lots of opportunities for
people to get jobs, whereas in a more rural community, Walmart is likely to be one of the only
games in town during late evening hours. Therefore, employees who are working in the Las
Vegas Walmart store are more likely to voice their dissatisfaction with management, and
working conditions than those employees who are employed by a store in a smaller town, where
the employment possibilities are limited.

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I agree with the approach of Germany to regulate store hours. I think it is a sensible thing to do,
as employees too have a life of their own, and it is difficult for them to leave their families for
work the entire day, sometimes at awkward hours (night shifts) and even on Sundays. I believe
as much as it is important to think about your customers, it is also equally important to give a fair
treatment to employees and considering them the firm¶s assets rather than servants. Those firms
who keep their employees happy are happier, as only happy employees can make happy
customers. Once your employees are happy, there will be no fear of turnover and the firm will
also do well.

cThis is a cultural norm that is common in some European countries; therefore people in those areas do
not see anything unusual in this practice. The United States is immersed in a culture of instant
gratification, and from a customer service standpoint, the public expects easy access to retailers.
However, in a culture which values quality of family life, people are likely to be more tolerant of such
practices. Engage students in a discussion of this issue and some ways of dealing with the business
ramifications of limited hours.

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Keeping workers Compensation costs

under control
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This case is about workers compensation costs in respect with Oregon Retirement Apartments
based in Portland. The facility is headed by Barbara Spector the Executive Director. The facility
houses nearly 300 residents and is overlooked by 50 employees.

It states an example of Pat Toole a house keeping employee who had filed a compensation claim
stating that she had sustained a back injury during work. A case was filed and an investigation
ensued during which it transpired that the claim was false as the injury has been sustained during
a skiing vacation.

A new hiring policy was thus implemented by Barbara Spector which stressed that candidates
who had filed three or more compensation claims would not be hired.

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Barbara Spectors policy of rejecting job applicants who have filed three or more workers
compensation claims is totally fair and ethical. It will definitely sort out the honest and genuine
prospective candidates from the dishonest ones who seek to cash in through unfair means. There
is a chance that a few genuine employees might also be overlooked but their ration in contrast to
the non-genuine ones would indeed be very low.

So the bigger picture needs to be taken in to consideration as the business works within the
services industry that too for a good cause for the old age people so the quality and ambiance
needs to remain positive and there should exist a healthy relationship amongst the
employees/staff and the residents.

Also it is imperative to avoid any risky hassles that may create a financial burden on the
business.

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The main purpose of the Americans with Disabilities Act is that people with disabilities are not
discriminated against during the hiring and recruitment process. People who have sustained an
injury will not go on filing for compensation claims each and every time. An injury most likely
takes place only once. The Act was introduced basically with more stress and focus on people
with permanent disabilities that they are not discriminated against and are provided with equal
employment opportunities.

The impact of this Act on Barbara Spectors procedure will be minimal as she is not
discriminating against disabled people but against non-genuine people and as said before some
genuine candidates might be overlooked but they will be very few.

In order to maximize the effectiveness of this procedure an even more thorough background
check can be made on the candidates ,the situation under which the injury was sustained, the
final outcome of the case whether it was in favor of the candidate or not. Thus taking these
factors into consideration a decision might be reached which will be totally fair.ccccccccccccccccccccccccccccccccccccccccccccccccccccc